Types of Shoplifting in New Jersey

Types of Shoplifting in New Jersey

Shoplifting is a common issue that many retailers face, and New Jersey is no exception. While some may see shoplifting as a minor offense, the legal consequences can be quite severe in New Jersey. There are a few main types of shoplifting charges in New Jersey that defendants should be aware of.

Purposely Taking Merchandise

One of the most straightforward shoplifting offenses is purposely taking merchandise without paying for it N.J.S.A. 2C:20-11(b)(1). This could involve concealing items in a bag or pocket and walking out of the store. It could also involve altering price tags or barcodes to pay less than the actual price. The key element for this shoplifting charge is the intent – the defendant must have purposely and knowingly taken the merchandise with the intent to deprive the owner of payment.

Concealing Merchandise

Another common shoplifting charge involves concealing merchandise N.J.S.A. 2C:20-11(b)(2). This does not require that the person actually leaves the store with the items. If a defendant hides merchandise in their clothes, bag, or elsewhere in the store, they can be charged with shoplifting even if they don’t walk out the door. The act of concealing items demonstrates intent to deprive the owner of payment.

Altering a Label or Container

Shoplifters may try to alter price tags or move items to different containers to get them for cheaper N.J.S.A. 2C:20-11(b)(3). For example, someone could switch a $60 price tag with a $20 tag, or move a $100 item into a cheaper product’s box. If they try to pay the lower price at checkout, this constitutes shoplifting in New Jersey. The person is misrepresenting the actual value of the merchandise.

Under-Ringing

At self-checkout registers, some shoplifters will scan expensive produce or other items as cheaper alternatives, or not scan some items at all N.J.S.A. 2C:20-11(b)(4). This is known as “under-ringing.” The person is paying less than the actual retail value of the merchandise. Even if it’s done accidentally, it can still lead to a shoplifting charge.

Transferring Merchandise

Some shoplifters may purchase an item, and then take it back into the store to return it and get a gift card. But instead of returning the original item, they return a cheaper item they took off the shelves N.J.S.A. 2C:20-11(b)(5). This allows them to essentially get the more expensive item for free. This fraudulent returning of merchandise constitutes shoplifting.

Shoplifting Penalties

The penalties for shoplifting depend on the value of merchandise taken. For goods less than $200, it is a disorderly persons offense with up to 6 months in jail. For $200-$500, it jumps to 18 months in jail. Goods $500-$75,000 can lead to 5 years in prison, and over $75,000 can mean up to 10 years in prison. Fines up to $150,000 are also possible.

Juveniles may face detention or diversion programs like counseling or community service. Their records can potentially be sealed if the programs are completed.

Defenses Against Shoplifting Charges

There are a few common defenses lawyers use against shoplifting charges:

• Misidentification – Questioning whether police arrested the right person, especially if security footage is unclear.
• Lack of intent – Arguing the person did not intend to deprive the owner of payment. For example, if someone simply forgot an item was in their cart or pocket.
• Coercion – Claiming the defendant was forced into the shoplifting by threats of violence.
• Necessity – Arguing extreme circumstances like poverty caused the criminal act.
• False accusations – Employees or security guards may falsely accuse someone of shoplifting. Their credibility can be challenged.

Seeking Legal Help

Given the serious penalties, it is critical to seek legal help if facing shoplifting charges in New Jersey. An experienced criminal defense lawyer can review the details of the case and determine the best defense strategy. They may be able to get charges reduced or even dismissed. It is important to be fully honest with the lawyer so they can build the strongest case. While shoplifting cases can seem straightforward, a skilled attorney can often negotiate a favorable outcome.